Opinion

Dorney Park Coaster Co. v. Board of Commissioners

  • 503 Pa. 67
  • 468 A.2d 462
  • 1983 Pa. LEXIS 753
Court
Supreme Court of Pennsylvania
Filed
Dec 9, 1983
Status
Published
Author
Zappala
On the bench
Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala
Cited by
7 cases

The opinion

ZAPPALA, Justice,

concurring.

I concur in the result.

The issue in this appeal is whether the Appellees should be permitted to file, nunc pro tunc, exceptions to a report of the township Board of Commissioners on the vacating of a portion of a road. I do not agree with the Majority’s application of the “fraud or breakdown in court operation” analysis to the facts at hand. The statute involved here provides for the filing of exceptions to a report of the Board of Commissioners, and marks the time period for such exceptions from the filing of the report with the clerk of courts. The statute does not, however, require public notice of the date of the filing of the report.

It is clear that all statutory requirements have been complied with here. It is also clear that in other contexts the legislature has imposed by statute a requirement that public notice be given of the date of filing of a report, where the report is subject to exceptions and the time limit for filing the exceptions depends upon that date. See 53 P.S. § 56930 repealed, 1978 April 28, P.L. 202, No. 53 § 2(a) [1129], effective June 27, 1980 (eminent domain). The question then is whether due process requires that those entitled to file exceptions be given notice that the report has been filed. Because the Appellees asserted no individual property right which is affected by the failure to give notice *74 of filing the report, I find no basis for determining that the statutory method established by the legislature is infirm.

NIX and McDERMOTT, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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